Payment made for vacating premises a revenue exp.; SC dismissed SLP
SUPREME COURT OF INDIA
(Arising out of impugned final judgment and order dated 04-03-2019 in ITA No. 1588/2016 passed by the High Court of Judicature at Bombay)
UPON hearing the counsel the Court made the following
O R D E R
The special leave petition is dismissed.
This order came in reference of the below mention order of Bombay High Court.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O R D E R
1. Heard.
2. The appeal is admitted for consideration of following substantial question of law:
” Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in deleting the payment made by the assessee to M/s. GESCO amounting to Rs. 20.00 crore towards vacating the premises treating it as revenue expenditure?”
3. We notice that the Revenue has suggested additional question which reads thus:-
” Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in concurring with the decision of CIT(A) while deleting the addition made by the Assessing Officer on NRI Mobilization expenses of Rs. 3,38,53,896/- on the basis of decision of this Court in case of Emirates Commercial Bank Ltd, 262 ITR 55 ignoring that the facts of that case were entirely different from the present case, which have been ignored while deciding the issue. The Tribunal failed to follow the ratio in case of CIT Vs. Jansamparak Advertising & Marketing Pvt Ltd 56 taxmann.com 286 (Dehi) dated 11.3.2015?”
4. Learned counsel for the parties pointed out that similar issue has come up before this Court in the case of this very
assessee in Income Tax Appeal Nos. 1650 of 2016 and 1561 of 2016. Both these petitions were dismissed by two
separate orders dated 6.2.2019. Hence, this additional question, therefore, not considered.
5. Registry is directed to communicate copy of this order to the Tribunal. This would enable the Tribunal to keep
papers and the proceedings relating to the present appeal available, to be produced when sought for by the Court.
6. Learned counsel appearing for the respondent waives service.
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